On 3 October 2017, the Minister for Justice and Equality, Charlie Flanagan, published the draft Communications (Retention of Data) Bill 2017. The draft bill, which would repeal the current Communications (Retention of Data) Act 2011, is intended to give effect to the Court of Justice of the European Union’s ruling in Tele2 Sverige AB v. Post-och telestyrelsen (C- 203/15) and Secretary of State for Home Department v. Tom Watson and Others (C-698/15).

The draft bill includes the following new requirements:

  • Service providers must retain subscriber data for 12 months
  • Retention of categories of traffic and location data for the purpose of the prevention, detection, investigation or prosecution of serious crime
  • Data localisation and retention obligations, allowing disclosure without delay 
  • Safeguards in relation to security and destruction after the retention period expires